General information
Country: Macedonia
Name of the law and link:Law on Free Access to Informaiton of public character
Person in charge: Vicky
Comments:
Score:
Section Max Points Score
1. Right of Access 6 4
2. Scope 30 30
3. Requesting Procedures 30 18
4. Exceptions and Refusals 30 22
5. Appeals 30 16
6. Sanctions and Protections 8 4
7. Promotional Measures 16 14
Total score 150 108
Indicator
The legal framework (including jurisprudence) recognises a fundamental right
1 of access to information.
The legal framework creates a specific presumption in favour of access to all
2 information held by public authorities, subject only to limited exceptions.
The legal framework contains a specific statement of principles calling for a
broad interpretation of the RTI law
3
The legal framework emphasises the benefits of the right to information?
TOTAL
Scoring Instructions Maximum Score Findings Score
Score 0 for no constitutional right
to information, 1 point for a
limited constitutional right, 2
points for full constitutional
recognition of a public right of
2 yes 2
access to information.
No=0, Partially=1, Yes=2
2 yes 2
(Y/N - max 1 point)
not mentioned
(Y/N - max 1 point)
2 not mentioned 0
6 4
Article/Section
Article 16 of the Constitution Comments
of Macedonia provides: The
freedom of speech, public
address, public information
and the establishment of
institutions for public
Art. 2 (1) The present Law
shall provide for publicity
and openness in the
not mentioned
not mentioned
Indicator
4
5
6
7
8
9
10
11
12
TOTAL
Indicator
Everyone (including non-citizens and legal entities) has the right to file requests for
information.
The right of access applies to all material held by or on behalf of public authorities
which is recorded in any format, regardless of who produced it.
Requesters have a right to access both information and records/documents (i.e. a right
both to ask for information and to apply for specific documents).
The right of access applies to the executive branch with no bodies or classes of
information excluded.This includes executive (cabinet) and adminsitration including all
ministries, departments, local government, public schools, public health care bodies,
the police, the armed forces, security services, and bodies owned or controlled by the
above.
The right of access applies to the legislature, including both administrative and other
information, with no bodies excluded.
The right of access applies to the judicial branch, including both administrative and
other information, with no bodies excluded.
The right of access applies to State-owned enterprises (commercial entities that are
owned or controlled by the State).
The right of access applies to other public authorities, including constitutional, statutory
and oversight bodies (such as an election commission or information commission/er).
The right of access applies to a) private bodies that perform a public function and b)
private bodies that receive significant public funding.
Scoring Instructions Maximum Score Findings
Score 0 point if only residents/citizens; 1 point
for all natural persons; 1 point for legal persons. 2 yes
Score 1-3 points if limited definition of
information information such as not "internal
documents" or databases excluded, 4 points for
all information with no exceptions. 4 yes
Score 1 point for only documents, 1 point for
information 2 yes
Score 4 points for central government agencies
covered: 1 for the head of state, 1 for ministries,
1 for other non-statutory agencies created by the
ministries, 1 for state and local government if the
government is unitary. If it's a federalist system,
2 points for the non-statutory agencies. This can
be determined by examining the length and
thoroughness of the list, if such a schedule
exists. Score 1 point for the archives. Add three
points and deduct 1 for each exempted central
agency (such as the armed forces, police, etc). 8 yes
Score 1 point if the law only applies to
administrative documents, 2-3 points if some
bodies excluded, 4 points if all legislative branch
at all levels of government 4 yes
Score 1 point if the law only applies to
administrative documents, 2-3 points if some
bodies excluded, 4 points if all judicial branch at
all levels of government 4 yes
Score 1 point if some, 2 points if all 2 yes
Score 1 point if some bodies, 2 points if all 2 yes
1 point for public functions, 1 point for public
funding 2 yes
30
Score Article/Section
Article 4
Comments
(1) Free access to information shall
be enjoyed by all legal and natural
persons.
(2) Free access to information shall
also be enjoyed by foreign legal
and natural persons in accordance
with the present Law and other
laws.
2
Article 3 - - “information of
public character” shall refer to
information in any form
whatsoever, created or disposed by
an information holder in line with
its competencies (hereinafter
4 referred to as “information”)
Article 3 “information requester”
shall refer to any legal or natural
person without discrimination on
any grounds whatsoever, in a
manner and under conditions
prescribed in the present Law and
in other laws (hereinafter referred
to as “the requester”); and -
“document” shall refer to any
record of information, regardless of
its physical form or features, a
written or a printed text, maps,
schemes, photographs, pictures,
drawings, sketches, working
materials, as well as audio, voice,
magnetic or electronic records,
optical or video records in any form
whatsoever, as well as mobile
equipment for automatic data
processing with integrated or
transferable memory to store data
in digital form.
2
Art 3 Certain expressions in the
present Law shall have the
following meanings:
-“information holders” shall refer to
state administration bodies and to
8
other bodies and organizations
specified by law, municipal bodies,
bodies of the City of Skopje and to
municipalities comprising the City
of Skopje, institutions and public
services, public enterprises, and to
present Law shall have the
following meanings:
-“information holders” shall refer to
state administration bodies and to
other bodies and organizations
specified by law, municipal bodies,
bodies of the City of Skopje and to
4 municipalities comprising the City
of Skopje, institutions and public
services, public enterprises, and to
legal and natural persons
performing public competencies
4 determined by law;
2
2
2
30
Indicator
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
TOTAL
Indicator
Requesters are not required to provide reasons for their requests.
Requesters are only required to provide the details necessary for identifying and
delivering the information (i.e. some form of address for delivery).
There are clear and relatively simple procedures for making requests. Requests may
be submitted by any means of communication, with no requirement to use official
forms or to state that the information is being requested under the access to
information law.
Public officials are required provide assistance to help requesters formulate their
requests, or to contact and assist requesters where requests that have been made
are vague, unduly broad or otherwise need clarification.
Public officials are required to provide assistance to requesters who require it
because of special needs, for example because they are illiterate or disabled.
Requesters are provided with a receipt or acknowledgement upon lodging a request
within a reasonable timeframe, which should not exceed 5 working days
Clear and appropriate procedures are in place for situations where the authority to
which a request is directed does not have the requested information. This includes
an obligation to inform the requester that the information is not held and to refer
the requester to another institution or to transfer the request where the public
authority knows where the information is held.
Public authorities are required to comply with requesters’ preferences regarding how
they access information, subject only to clear and limited overrides (e.g. to protect
a record).
Public authorities are required to respond to requests as soon as possible.
There are clear and reasonable maximum timelines (20 working days or less) for
responding to requests, regardless of the manner of satisfying the request
(including through publication).
There are clear limits on timeline extensions (20 working days or less), including a
requirement that requesters be notified and provided with the reasons for the
extension.
It is free to file requests.
There are clear rules relating to access fees, which are set centrally, rather than
being determined by individual public authorities. These include a requirement that
fees be limited to the cost of reproducing and sending the information (so that
inspection of documents and electronic copies are free) and a certain initial number
of pages (at least 20) are provided for free.
There are fee waivers for impecunious requesters
There are no limitations on or charges for reuse of information received from public
bodies, except where a third party (which is not a public authority) holds a legally-
protected copyright over the information.
Scoring Instructions Maximum Score
Y/N answer 0 or 2 points 2
Score Max 2 points and deduct if requesters are required to
give any of the following: ID number, telephone number,
residential address, etc. 2
Max 2 points. Considerations include that there is no
requirement to state that the request is under the RTI law,
nor to use an official form, nor to identify the document
being sought. 2
Score 1 point for help in formulation and 1 point for
clarification procedures 2
Score Yes=2 point, No=0 2
Score 1 point for receipt, 1 point for max 5 working days 2
Score: 1 point for information not held, 1 for referrals or 2
for transfers 2
Score: 2 points for Yes, only 1 point if some limitations 2
Score: No=0, Yes=2 points 2
Score: 1 point for timeframes of 20 working days (or 1
month, 30 days or 4 weeks). Score 2 points for 10 working
days (or 15 days, or two weeks) or less. 2
2
Score: No=0, Yes=2 points 2
Score 1 point for fees being limited to reproduction and
delivery costs and set centrally, 1 point for at least 20 pages
free of charge or for fees being optional 2
2
Score: No=0, Yes=2 points 2
30
Findings Article/Section
Score Art.16 (5) The requester shall not be
obliged to provide justification to its
request, but it shall have to state
that it is submitting a request for
yes 2 access to information.
yes 2 Art 16 (1) The request for access to
Art 15
information shall be submitted by
the requester to the information
holder.
yes Art 11 In a request mentioned in
2 (2) As fororder to provide for free
access to information, the
responsible person with the
yes 2 information holder shall be bound to
no 0 not mentioned
no Art mentioned
0 not 18 (1) If the information holder
having received an information
request does not dispose with the
information requested, it shall,
immediately, and within three days
yes following In its request, the
2 Art 16. (4)its receipt of the request at
requester shall be obliged to state
the information it wants to become
Art 21. (1) The information holder
yes 2 acquainted with, and the way in
shall be bound to answer the
yes 1
requester’s request immediately, or
within 30 days following the date of
information holder’s receipt of such
request at latest.
partially 1
no 0 Art 22: 40 days extension
Art 29 (1) Insight to information
requested shall be provided free of
yes 2 charge.
Art 29. (2) For the obtained
transcript, photocopy or electronic
records, the information requester
shall pay a fee to the amount of
yes 2 material costs to be covered.
no 0 not mentioned
no 0 not mentioned
18
Comments
Says asap but the time frame is 30 days
Indicator
28
29
30
31
32
33
34
35
TOTAL
ndicator
The standards in the RTI Law trump restrictions on information disclosure (secrecy
provisions) in other legislation to the extent of any conflict.
The exceptions to the right of access are consistent with international standards. Permissible
exceptions are: national security; international relations; public health and safety; the
prevention, investigation and prosecution of legal wrongs; privacy; legitimate commercial
and other economic interests; management of the economy; fair administration of justice
and legal advice privilege; conservation of the environment; and legitimate policy making
and other operations of public authorities. It is also permissible to refer requesters to
information which is already publicly available, for example online or in published form.
A harm test applies to all exceptions, so that it is only where disclosure poses a risk of
actual harm to a protected interest that it may be refused.
There is a mandatory public interest override so that information must be disclosed where
this is in the overall public interest, even if this may harm a protected interest. There are
‘hard’ overrides (which apply absolutely), for example for information about human rights,
corruption or crimes against humanity.
Information must be released as soon as an exception ceases to apply (for example, for
after a contract tender process decision has been taken). The law contains a clause stating
that exceptions to protect public interests do not apply to information which is over 20 years
old.
Clear and appropriate procedures are in place for consulting with third parties who provided
information which is the subject of a request on a confidential basis. Public authorities shall
take into account any objections by third parties when considering requests for information,
but third parties do not have veto power over the release of information.
There is a severability clause so that where only part of a record is covered by an exception
the remainder must be disclosed.
When refusing to provide access to information, public authorities must a) state the exact
legal grounds and reason(s) for the refusal and b) inform the applicant of the relevant
appeals procedures.
Scoring Instructions Maximum Score
Score 4 points for a resounding "yes" and 1/2/3 points if only
for some classes of information or for some exceptions. If the 4
Score 10 points and then deduct 1 point for each exception
which either (a) falls outside of this list and/or (b) is more
broadly framed 10
Score 4 points and then deduct 1 point for each exception
which is not subject to the harm test 4
Consider whether the override is subject to overarching
limitations, whether it applies to only some exceptions, and
whether it is mandatory. 4
Score 1 point for each 2
Score: 1 point for consultation, 1 further point if original time
frames must be respected and the law allows for expedited
appeals. 2
Score 1 point if yes but sometimes can be refused (eg: if
deletions render meaningless the document) and 2 points if
partial access must always be granted 2
Score Y/N: 1 point for a and 1 point for b 2
30
Findings Score Article/Section Comments
not mentioned 0 not mentioned
Art 6.(1) Information
holders may reject a
request to access
information in
accordance with the law,
should the information
in question relate to the
partially 8 following:
Art 6 (3) Under
exception to paragraph
(1) hereunder,
yes 4
information holders shall
allow access to
information, after the
obligatory harm test is
yes 4 conducted with which it
Art 6 (2) Information
listed in paragraph (1)
hereunder shall become
available once the
yes 2 reasons for its being
not mentioned 0 not mentioned
Art 7 If a document or
any part thereof
yes 2 contains information
Art 20, only motivaiton
not appeals options, (3)
In cases mentioned in
paragraph (2)
yes 2 hereunder, the decision
22
Indicator
The law offers an internal appeal which is simple, free of charge
36 and completed within clear timelines (20 working days or less).
Requesters have the right to lodge an (external) appeal with an
independent administrative oversight body (e.g. an information
37 commission or ombudsman).
The member(s) of the oversight body are appointed in a manner
that is protected against political interference and have security
of tenure so they are protected against arbitrary dismissal
38 (procedurally/substantively) once appointed.
The oversight body reports to and has its budget approved by
the parliament, or other effective mechanisms are in place to
39 protect its financial independence.
There are prohibitions on individuals with strong political
connections from being appointed to this body and requirements
40 of professional expertise.
The independent oversight body has the necessary mandate and
power to perform its functions, including to review classified
41 documents and inspect the premises of public bodies..
42 The decisions of the independent oversight body are binding.
In deciding an appeal, the independent oversight body has the
power to order appropriate remedies for the requester, including
43 the declassification of information.
44 Requesters have the right to lodge a judicial appeal.
Appeals to the oversight body (where applicable, or to the
judiciary if no such body exists) are free of charge and do not
45 require legal assistance.
The grounds for appeal to the oversight body (where applicable,
or to the judiciary if no such body exists) are broad (including
not only refusals to provide information but also refusals to
provide information in the form requested, administrative
silence and other breach of timelines, charging excessive fees,
46 etc.).
Clear procedures, including timelines, are in place for dealing
47 with external appeals (oversight/judicial).
In the appeal process (oversight/judicial/) the government
bears the burden of demonstrating that it did not operate in
48 breach of the rules.
The external appellate body has the power to impose
appropriate structural measures on the public authority (e.g. to
conduct more training or to engage in better record
49 management)
TOTAL
Scoring Instructions Maximum Score
Score 2 points if the internal appeal fulfills these criteria, 1 point
if an appeal is offered that does not fulfill this criteria, 0 for no
internal appeals. 2
1 for partial, 2 for yes 2
Score: 1 point for appointment procedure, 1 point for security of
tenure 2
Score 1 point for reports to parliament, 1 point for budget
approved by parliament 2
Score 1 point for not politically connected, 1 point for
professional expertise 2
Score 1 point for reviewing classified documents, 1 point for
inspection powers 2
Score N=0, Y=2 points 2
1 for partial, 2 for fully 2
1 for partially, 2 for fully. 2
1 for free, 1 for no lawyer required. 2
Score 1 point for appealing refusals, additional points for
appealing other violations. 4
Score 1 point for clear procedures, 1 point for timelines. 2
Score Y/N and award 2 points for yes. 2
1 for partial, 2 for fully. 2
30
Findings Score Article/Section
not mentioned 0 not mentioned
Art 28. (1) The requester shall have the
right to initiate a complaint in front of the
Commission for Protection of the Right to
Free Access to Information of Public
Character, against the decision in which the
yes 2 information holder has rejected its request,
yes 2 Art 31 (2) The funds for the operation of the
30
Commission shall be provided by the Budget
of the Republic of Macedonia. The seat of
yes 2 the Commission is in Skopje. The
not mentioned 0 not mentioned
not mentioned Art mentioned
0 not 33 (1) The Commission shall perform
the tasks within its competence on its
sessions.
yes 2
not mentioned 0 not mentioned
Art 35 A suit to initiate an administrative
dispute in front of the competent court may
yes 2 be filed against a decision issued by the
not mentioned Art mentioned
0 not 28. (1) The requester shall have the
right to initiate a complaint in front of the
Commission for Protection of the Right to
Free Access to Information of Public
Character, against the decision in which the
yes 4 information holder has rejected its request,
yes 2 Art 28. (1)
not mentioned 0 not mentioned
not mentioned 0 not mentioned
16
Comments
Indicator
50
51
52
53
TOTAL
ndicator
Sanctions may be imposed on those who wilfully act to undermine the right to information,
including through the unauthorised destruction of information.
There is a system for redressing the problem of public authorities which systematically fail to
disclose information or underperform (either through imposing sanctions on them or requiring
remedial actions of them).
The independent oversight body and its staff are granted legal immunity for acts undertaken in
good faith in the exercise or performance of any power, duty or function under the RTI Law. Others
are granted similar immunity for the good faith release of information pursuant to the RTI Law.
There are legal protections against imposing sanctions on those who, in good faith, release
information which discloses wrongdoing (i.e. whistleblowers).
Scoring Instructions
Score 1 point for sanctions for underming right, 1 point for destruction of
documents
Score 1 point for either remedial action or sanctions, 2 points for both
Score 1 for oversight body, 1 for immunity for others
Score 2 for strong protections, 1 for moderate protections
Maximum Score Findings Score Article/Section
2 yes 2 Art 39
2 not mentioned 0 not mentioned
2 not mentioned 0 not mentioned
Article 38, Any
responsibility shall be
removed from an
2 yes 2 employee within the
8 4
Comments
Indicator
54
55
56
57
58
59
60
61
TOTAL
ndicator
Public authorities are required to appoint dedicated officials (information officers) or units with a
responsibility for ensuring that they comply with their information disclosure obligations.
A central body, such as an information commission(er) or government department, is given overall
responsibility for promoting the right to information.
Public awareness-raising efforts (e.g. producing a guide for the public or introducing RTI awareness
into schools) are required to be undertaken by law.
A system is in place whereby minimum standards regarding the management of records are set and
applied.
Public authorities are required to create and update lists or registers of the documents in their
possession, and to make these public.
Training programs for officials are required
Public authorities are required to report annually on the actions they have taken to implement their
disclosure obligations. This includes statistics on requests received and how they were dealt with.
A central body, such as an information commission(er) or government department, has an
obligation to present a consolidated report to the legislature on implementation of the law.
Scoring Instructions Maximum Score Findings
Score Y/N, Y=2 points
2 yes
Score Y/N, Y=2 points
2 yes
Score Y/N, Y=2 points
2 not mentioned
Score Y/N, Y=2 points
2 yes
Score Y/N, Y=2 points
2 yes
Score Y/N, Y=2 points
2 yes
Score Y/N, Y=2 points
2 yes
Score Y/N, Y=2 points
2 yes
16
Score Article/Section Comments
Art 8 (1) Every information holder shall
designate one or more officials for
information mediation for the purpose of
2 exercising the right to free access to
Art 32, - it shall promote the right to free
2 access to information of public character
0 not mentioned
Art 8. (3) The official in charge of
information mediation shall maintain
contacts with the information requester and
2 shall provide it with the information and
Art 9 Each information holder shall be
obliged to regularly maintain and update
the list of information it disposes with, and
2 to publish such list so as to make it
2 Art 32 (1) The responsible person within
Art 37,
the information holder shall be obliged to
draft an annual report regarding the
implementation of the present Law, and
2 shall submit this report for the previous
2 Art 32
14